One of the most significant changes in the Employment Rights Act 2025 is the right for trade unions to request access to workplaces. This is a major change for employers, as trade unions have never had the right to interact with employees in this way before. This new right is due to come into effect in October 2026.
The government launched a consultation on these changes in October 2025 which ran until December 2025. The government has now published its response to that consultation that provides for some welcome relaxation of the initially proposed tight timeframes. It has also published a new draft statutory Code of Practice, which is now subject to a further period of consultation until 20 May 2026. Together, these documents set out how this new statutory right will operate in practice. We expect to see this detail formalised in regulations in due course.
We have set out below a summary of the key aspects of the right of access.
What is the purpose of this new right of access?
The government says that “through clearer and more consistent access arrangements between employers and unions, businesses can benefit from earlier resolution of workplace issues, better communication channels, and more collaborative employee relations.” So, the suggestion is that having an open relationship with a union ultimately makes for a more productive workplace.
What is the right to access going to cover?
This new right will allow trade unions to request access physically and/or digitally to workplaces, in order to represent, support, recruit, organise workers and facilitate collective bargaining. The access purposes do not include organising industrial action.
Are there any exemptions from this new right?
The statutory right of access will not apply to employers with fewer than 21 workers, who are exempt from the regime. This exception will not apply to workplaces covered by a national bargaining framework – like in adult social care.
The draft code makes it clear that if a voluntary access arrangement is working well for both a trade union and employer, then the parties should continue using this arrangement, rather than seeking to formalise it through the new statutory process. Although this is not an exemption, it is clear that voluntary arrangements are still possible.
How will unions make a request in practice?
Under the proposed statutory framework, a trade union seeking access must make a written request to the employer (email is preferred) and include specified information, in particular:
- the purpose of the access;
- a description of the workers it seeks to engage;
- whether it is seeking physical access, digital access, (or both) and the rationale for that;
- the frequency and location of access and the rationale for that; and
- the support required from the employer to facilitate access.
The government has produced a draft standardised template for access requests which is set out in the draft code.
How will employers need to respond to a request for access?
The government has confirmed that employers will need to respond to an access request within 15 working days in writing (preferably by email), and include specified information in particular:
- whether the request is accepted in whole or in part or is rejected;
- the reasons for any rejection;
- if accepted, the name and contact details of the person the union should liaise with regarding access and the address/es for access and facilities available for access; and
- the number of workers in the categories to which the union has sought access and the details of when they are present (e.g. shift patterns).
To assist with compliance, the government has produced a standardised template for employers to use when responding to access requests which is set out in the draft code.
What happens if the request is agreed?
Where an access agreement is reached voluntarily, the parties must jointly notify the CAC in writing using the CAC’s mailbox (enquiries@cac.gov.uk) to record the agreement, with the option to use a standardised template for that notification.
The government has indicated that weekly access will generally represent an appropriate level of regularity to support effective engagement between unions and workers, although the precise arrangements will depend on the workplace.
Access agreements will be limited to a maximum duration of two years.
Once access is agreed, what notice do unions need to give before visiting?
Unions must give a minimum of five working days’ notice before the first access visit and a minimum of two working days’ notice before each subsequent access visit.
What steps do employers need to take to facilitate access?
The government has said that employers will only be required to take reasonable steps to facilitate access, and that they should not be required to make significant structural, technological or operational changes solely for that purpose. The expectation is that access will ordinarily be facilitated using existing facilities and systems.
When and where will access meetings take place?
Physical Access: The draft code sets out guidance on where and when physical access meetings would ideally take place. This will depend on the workplace in question. The employer’s typical method of communicating with the workforce should be used as a benchmark for determining how the union should communicate.So, if the employer typically holds large workforce meetings in a meeting room or a canteen, then the employer should make the same facilities available to the union.
The draft code sets out that access should usually take place during normal working hours, at times that minimise disruption, such as during rest periods or towards the end of a shift.
The draft code emphasises that access meetings should be private, so “representatives of the employer” should not be present, unless invited.
Digital access: The draft code sets out that under an access agreement employers could disseminate union information to workers digitally, and/or facilitate online meetings via existing IT platforms (or otherwise). This seems like the most likely thing that unions will request, given their resourcing constraints.
Can the union contact workers directly?
If the union asks for employees’ contact details to secure digital access, the data requested would be the employees’ personal data, so compliance with data protection law would need to be considered. The employer can provide this data, provided it has got the informed consent of the employees in question. The CAC may get involved if employees have not given such consent and personal data is shared.
What happens if the access request is not agreed?
If terms are not agreed during the initial 15 working day period, there is a further 25 working day negotiation period in which the parties are expected to seek agreement in good faith. This deadline may be extended by agreement between the parties.
If no agreement is reached, either party may refer the matter to the CAC, provided this is done within 55 working days of the original request. The application for access will then be considered by the CAC, to decide whether access takes place or not.
What will the CAC take into account?
The guiding principle for the CAC decision is the government’s stated intention that trade unions should have access to workers. The CAC will therefore try and find a solution that allows this to happen, whilst ensuring that access does not unreasonably interfere with the employer’s business and that employers should not have to take unreasonable steps to facilitate access. For example, it will be reasonable for the CAC to refuse access where an application would require excessive resource allocation such as constructing new meeting spaces, procuring new IT systems, or making capital investments purely to facilitate access.
Access will not be granted by the CAC if there is a risk to national security or the detection or investigation of offences. As this exception is limited to these serious issues, other less critical employer reasons for refusal are unlikely to get much traction with the CAC.
The draft code mentions “model access terms”, which the CAC must take into account when determining disputes. Where the union’s request for access is consistent with these model terms, the CAC is more likely to consider that access should be granted. We expect to see these model terms published by the government in due course.
Are there any penalties in place for non-compliance with a statutory access agreement?
Either party may make a complaint to the CAC for breach of the terms of an access agreement. The CAC can order steps to be taken to ensure the agreement is complied with. If there is a complaint about a further breach, the CAC can make significant financial penalties for non-compliance:
- up to £75,000 for a first breach;
- up to £150,000 for a second breach; and
- up to £500,000 for third and subsequent breaches.
What steps should be taken now by employers?
With these changes coming into force in October this year, employers should give thought to how any requests for access could be facilitated – there is a short timeframe for responding to any request.
Employers may wish to consider establishing their own internal standing body of employee representatives or to set up another mechanism to inform employees of changes and to allow employees to make their views known. Having an active employee representative body already in place may mean employees feel they have no need for union involvement.
